Archived
My dad's applying for nursing home medicaid to cover 4-months. Will there be an issue that I, his POA, borrowed funds from acct?
James's answer
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Answered on May 06, 2013
LOTS of red flags, here. If you took funds and used them to pay for your father's expenses, then that is appropriate and fine. If you "borrowed...
Archived
What is a reasonable POA agent fee? The POA documents that my dad signed for me stated that I could take an agent fee.
James's answer
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Answered on May 06, 2013
What is your normal hourly compensation? Many courts would permit you to take the same amount, on the theory of "opportunity cost." You should keep...
Archived
Re: Question on Elder Law - Indiana and Florida - POA and Executorship - Florida property involved
James's answer
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Answered on May 06, 2013
I would contact a Florida attorney. If your friend was a resident of Indiana at the time of death, an Indiana attorney might also be needed. You...
Archived
How can I find out what kind of POA my sister has with my mother
James's answer
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Answered on May 06, 2013
I agree with my colleagues. You raise some very serious issues and there are many red flags, at the very least. You may need to act right away, in...
Archived
Is any of this legal?? what can I do to help my parents keep my grandpas wishes and keep my grandma out of a nursing home?
James's answer
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Answered on May 06, 2013
I agree with my colleagues and would add that there could be severe issues of elder abuse, self-dealing and a breach of fiduciary duties, if your...
How do you revoke a durable power of attorney document in Hawaii? What document needs to be filed?
James's answer
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Answered on May 06, 2013
Unless Hawaii requires/permits the POA to be recorded, then this may not need to be done. An Agent may not act under a POA once notified that the...
Archived
Need help in revoking a durable power of attorney, and how do I get custody of my husband.
James's answer
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Answered on May 06, 2013
I agree with my colleagues. I would suggest that you and your husband contact a probate attorney to determine how best to proceed with this,...
Archived
If I was made a power of attorney while someone is away and the tenants are not paying their rent can I evict them
James's answer
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Answered on May 06, 2013
You can do this, but you cannot do it without the help of an attorney. Even if the POA says otherwise, you cannot legally represent someone else's...
Archived
Do I need a probate attorney?
James's answer
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Answered on May 06, 2013
The passage of a couple of months is not unusual, in terms of getting an estate open. On the other hand, I believe that the Will is at least...
Archived
Probate surety bond
James's answer
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Answered on May 06, 2013
There is not enough information provided to answer your question. You could still be required to post a bond: 1) if the court requires it; 2) if...
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